Neutral Citation No. - 2025:AHC:107579 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28448 of 2023 Applicant :- Dharmendra Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Navin Kumar Pandey,Rajeev Kumar Singh Parmar Counsel for Opposite Party :- Agnivesh,G.A.,Jadu Nandan Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Naveen Kumar Pandey, learned counsel for applicant, Sri Agnivesh, learned counsel for the informant and Sri Ram Mohit Yadav, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in Session Trial No.1007 of 2022, arising out of Case Crime No.887 of 2021, under Sections 302, 201 IPC, Police Station- Kotwali Farrukhabad, District- Farrukhabad with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He has nothing to do with the said offence. Learned counsel has prayed for bail of the applicant on the ground of period of incarceration and has placed much reliance on the judgment of the Supreme Court in the case of Union of India vs. K.A. Najeeb, AIR 2021 SC 712. 5. Learned counsel for the applicant has further stated that there are several contradictions in the statement of witnesses and even the statements of witness of fact are inconsistent to each other. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 28.11.2021 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that it is an open and shut case as the dead body of the deceased was recovered from the plot adjacent to the house of the applicant and there is eye-witness account of the incident. The daughter of the applicant has categorically deposed against the applicant, as such, the applicant is not entitled for bail. 7. After hearing learned counsel for the parties and taking into consideration that there is recovery of dead body of the deceased from the adjoining plot of the house of the applicant and there being recovery of other incriminating articles at the pointing out of the applicant, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. 9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 8.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad